If you are a homeowner, landlord or site provider, you may be surprised to learn that telecoms companies have legal rights to install equipment on your property. This is due to the Electronic Communications Code, which was updated in 2017 to support the rollout of faster and more reliable networks across the United Kingdom.
What Is the Telecoms Code?
The Electronic Communications Code is a legal framework that gives telecoms operators rights to install and maintain equipment such as masts, cables and antennas on private land. These rights are called Code Rights and they are intended to help improve mobile and broadband coverage across the country.
Can Property Owners Refuse Telecoms Equipment Installation Under the Code?
You can refuse to grant access, but that may not be the end of the matter. If you do not agree, the telecoms operator can apply to the court to have the rights imposed. The court will consider whether the public benefit, such as better mobile coverage, outweighs your inconvenience or loss. If your loss can be compensated with money and the public benefit is greater, the court may allow the installation to proceed.
Do Landowners Get Paid for Telecoms Installations?
Yes, you will receive payment, but the amount may be lower than expected. The law says the payment should reflect the market value of the land without considering its use for telecoms. This means the payment is based on general land value and not on how valuable the site is to the operator, which often results in lower rent than traditional commercial leases.
How to Request Removal of Telecoms Equipment from Your Property
You can request removal, but only in specific circumstances. For example, if the equipment blocks access to your land and you are not legally bound by an agreement, you may have grounds to ask for it to be removed. However, removal usually involves a legal process and can take time. If there is an existing agreement, you must follow the termination procedures set out in the Code.
Redevelopment and the Telecoms Code: Can You Terminate an Agreement?
If you have genuine plans to redevelop your property, you may be able to resist or terminate a telecoms agreement. The courts will examine your intentions carefully. You must show that your redevelopment plans are real, detailed and achievable. The court will not accept redevelopment as a reason if it appears to be a tactic to remove telecoms equipment.
How the Telecoms Code Affects Existing Property Agreements and Leases
If you already have a telecoms agreement in place, especially one signed before the 2017 Code came into force, different rules may apply. Some older agreements are still governed by the Landlord and Tenant Act 1954, which offers different protections and procedures. It is important to check which legal regime applies before taking any action.
Get Legal Advice on Telecoms Code Rights and Property Access
If you have received a telecoms request or are unsure about your rights, contact our Commercial Property team. We are here to help you understand the Code and protect your interests.
Shweta Shinde is a Solicitor in the Commercial Property Team based at our Chelmsford Office at Fisher Jones Greenwood LLP. For further information or to discuss your specific situation, please do not hesitate to contact our team using our online contact form or call 08455435700.